Roman Public LifeGreenidge, A. H. J. (Abel Hendy Jones)
History
Roman Public Life
Greenidge, A. H. J. (Abel Hendy Jones)
Constitutional history -- Rome; Rome -- Politics and government
the tribune then appeared in the assembly as the accuser.[668]
The right of eliciting formal resolutions from the Plebs (_jus cum plebe
agendi_) belonged exclusively to the plebeian magistrates. The tribunes
alone had the presidency of the _concilium_, but here again the growth
of popular jurisdiction rendered it necessary that the plebeian aediles
should defend their sentences before the Plebs.[669]
(iii.) _Powers exercised in connexion with the Senate._—The right of
bringing matters before the Senate (_jus cum patribus agendi, consulendi
senatus, referendi ad senatum_) is one that runs parallel to the right
of transacting business with the Populus, and, as such, it is attributed
by Cicero[670] to the same magistrates—to the consuls and praetors, the
dictator, magister equitum, and interrex. It of necessity attached to the
consular tribunes of early times, and was one of the attributes of the
_praefectus urbi_.[671]
This right necessarily did not attach originally to the tribunes of the
Plebs, for they were first the outcome of a revolution, and then for
centuries the presidents of a corporation independent of the people.
But, after the _lex Hortensia_ had made the _concilium plebis_ one of
the legislative organs of the community, it would have been dangerous to
senatorial government to deny the president of this assembly the right of
consulting the Senate.[672] The admission of the tribunes into the circle
of the magistrates with the _jus consulendi_ was one of the conditions of
the Senate’s permanent control over initiative in legislation.
Public-domain text, read in full here on John Shaqi.
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